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2026 Supreme(Online)(Mad) 23050
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L. Victoria Gowri, J
B.Adaikalaselvi Mala – Appellant
Versus
The State of Tamil Nadu – Respondent
Crl.O.P(MD)No.9292 of 2025
For the Appellants/Petitioners: S. Sivakumar
For the Respondents: M. Sakthi Kumar
The court may direct the expediting of an investigation and mandate a monitoring mechanism by superior officers when a petitioner alleges lack of progress, as an alternative to transferring the investigation to another agency.
Headnote:The petitioner filed a petition under Section 528 of BNSS, 2023, seeking the transfer of investigation in Crime No. 7 of 2022 from the Economic Offences Wing (EOW) to the CBI. The case involves a money dispute with FIR registered for offences under Sections 120(b), 406, 420, 468, and 471 of the IPC. The petitioner alleged that there had been no progress in the investigation since the FIR was filed on 23.08.2022. The primary issue was whether the investigation should be transferred to the CBI due to the lack of progress. The court observed that the enquiry is currently under progress and determined that the existing investigating agency should be directed to conclude the matter expeditiously rather than transferring the case. With the above directions, this Criminal Original Petition is disposed of.
| Table of Content |
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| 1. request for transfer of investigation to cbi due to alleged inaction by the economic offences wing. (Para 1 , 2 , 3) |
| 2. direction for expedited investigation within a fixed timeline and mandatory periodic monitoring by superior officers. (Para 4 , 5 , 6) |
Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023 , to issue suitable direction to transfer the investigation the case in Cr.No.7 of 2022 on the file of the 3rd respondent / EOW, Economic Offence Wing, Police, Madurai Branch, Madurai to CBI/1st Respondent by way of consider the petitioner's representation dated 08.05.2025.
For Petitioner : Mr.S.Sivakumar
For Respondents : Mr.M.Sakthi Kumar
Government Advocate (Crl. side)
ORDER
This criminal original petition is filed transfer the investigation the case in Cr.No.7 of 2022 on the file of the 3rd respondent / EOW, Economic Offence Wing, Police, Madurai Branch, Madurai to CBI/1st Respondent by way of consider the petitioner's representation dated 08.05.2025.
2. With regard to a money dispute, the petitioner had lodged a complaint which resulted in filing of F.I.R in Crime No.7 of 2022 for the offences under Sections 120(b), 406, 420, 468 and 471 IPC on 23.08.2022. However, there is no progress in the investigation. Hence, the petitioner is before this Court.
3. The learned Government Advocate(Crl.Side) on instructions submitted that enquiry is under progress.
4. Heard the learned counsels on either side and carefully perused the materials available on record.
5. Considering the nature of the complaint made by the petitioner, the 3rd respondent is directed to conclude the investigation as expeditiously as possible within a period of three months from the date of receipt of copy of this order and to apprise the 2nd respondent the progress of the investigation every Friday. The 2nd respondent is directed to monitor the investigation conducted by the 3rd respondent from time to time till the conclusion of the investigation.
6. With the above directions, this Criminal Original Petition is disposed of.
